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LAKE ELMO CITY COUNCIL MINUTES OCTOBER 17, 1995 D. Resolution No. 95-53 approving detached garage to be placed closer to front property line than primary structure. Philip Tschumperlin, 9149 Lake Jane Trail, is requesting permission to place a detached garage closer to the front property line than the main structure. As per our City Ordinance, Section 301.130 C.9., a resolution and approval by adjacent property owners is required. Letters were received from Carl Olinger, 9095 Lake Jane Trail N. and Mildred Thurmes, 9189 Lake Jane Trail, stating they are in agreement and approval of the proposed site plan and building location for proposed garage construction at 9149 Lake Jane Trail N. M/S/P Coniin/DeLapp - to adopt Resolution No. 95-53, A Resolution allowing Philip Tschumperlin, 9149 Lake Jane Trail, an accessory structure to be located between the public road and the principal road (Motion passed 3-0). E. Present Status Report on the Browns Creek Water Management Organization Planner Terwedo reported due to circumstances the Browns Creek W.M.O. is amending its joint powers agreement to add capital improvement projects. Due to issues regarding the future impacts of development on Browns Creek, a designated trout stream, the W.M.O. is considering methods to preserve the wetland. 7. CITY ENGINEER'S REPORT: A. Public Hearing: Assessments for Street Improvements The Public Hearing notice was published in the October 2,1995 Stillwater Gazette and the October 11, 1995 Stillwater Gazette Extra. Acting Mayor Johnston opened up the public hearing at 8:06 p.m. and all affected property owners were notified. City Engineer Larry Bohrer explained the 1995 Bituminous Overlay Project consisted of nine separate streets and used overheads to go over each improvement project. In accordance with the policy begun in 1993, 90% of the cost of the overlay is assessed to abutting property. 10% of the overlay cost is paid for by the City in recognition that the improved street is a general benefit to the entire City. The city also pays for any patching or crack sealing that needs to be done prior to the overlay and any assessment for city -owned property such as parks. 42nd Street from Jamaca Avenue to Lake Jane Trail:Total cost: $23,996 Assessed Cost: $21,696 City Cost: $2,400 Assessable Unit: 21 Assessment Rate: $1,028.38 Steve Tkachuck, 8670 42nd Street N., when the water system was installed a couple years ago there was a lot of damage to the street that doesn't seem to be assessed to that company. How is this handled by the city? If they are not assessed for part of that damage, someone is in breach of their duty for not going back for damages to city property. Larry Bohrer:When the water main was installed, it came from Lake Jane Trail generally along the south side of the street. There were two cuts made in the road at the time. The watermain passed over to the north side where it was installed in the blvd. of 42nd street and another cut made at the cul-de-sac to get that pipe to the south. There were two road patches in these particular areas. This comment came up at the improvement hearing in March and what we believe the comments were at that time is that the road patches were settling or not done right. We went out and looked at and photographed the areas. In our opinion, the patching was done correctly. There were other comments later on that said construction traffic caused damage. He had looked at the road and saw areas either the city had done some